Key legal question
Whether the cantonal court violated the right to be heard by deciding without allowing the appellant to reply to the respondent's submission of 6 May 2008.
Extracted holding
Yes. Once the appellant requested time to comment, the cantonal court could not decide without granting that opportunity.
Extracted reasoning
The right to be heard includes a true right of reply in judicial proceedings. The appellant had not waived it expressly or tacitly and had requested a deadline for observations.